Pillay v Singh [2011] NZLLA 1425 (2 December 2011)

Last Updated: 9 January 2012

[2011] NZLLA PH 1425

IN THE MATTER of the Sale of Liquor Act 1989

AND

IN THE MATTER of an application pursuant to s.135 of the Act for suspension of General Manager's Certificate number GM/07/2361/2011 issued to HARMANJIT SINGH

BETWEEN THEVINDIERAN PILLAY

(Police Officer of Manukau)

Applicant

AND HARMANJIT SINGH

Respondent

BEFORE THE LIQUOR LICENSING AUTHORITY

Quorum: Ms J D Moorhead
Mr P M McHaffie

HEARING at PAPAKURA on 16 November 2011

APPEARANCES

Constable T Kopyl – NZ Police - applicant
Mr H Singh - respondent
Mr P A Radich –Auckland District Licensing Agency Inspector –to assist

DECISION OF THE AUTHORITY

[1] This is an application pursuant to s.135 of the Act for suspension of the General Manager's Certificate issued to Harmanjit Singh. The grounds of the application are that Mr Singh’s conduct is such as to show that he is not a suitable person to hold the certificate. In particular it alleges the respondent has been convicted of driving with an excess breath alcohol level.

[2] At the hearing the conviction was admitted by consent. The evidence shows that on 8 August 2011 at 9.00 pm the respondent was involved in an accident on Kirkbride road in Mangere. He fell asleep while driving and collided with a parked vehicle. Police attended and breath testing procedures found the respondent to have a reading of 835 micrograms of alcohol per litre of breath. This is more than twice the legal limit of 400 micrograms of alcohol per litre of breath. He was subsequently convicted in the Manukau District Court on 23 August 2011 fined $700.00, disqualified from driving for seven months and ordered to pay court costs.

[3] We heard from Mr Singh who utilises his certificate at the Kiwi Hotel near Auckland airport. He has been working there since February this year. In our view he did not fully appreciate the circumstances in which he finds himself.

[4] We are concerned to note that the certificate was first issued on the 8 July 2011, only one month before the incident occurred. The respondent was accordingly in his first probationary year and this was not an auspicious start. However we also note that while we may have considered cancelling the certificate, cancellation was not sought in the application. If an application is made to renew the certificate, it will undoubtedly be closely scrutinised by the reporting agencies.

[5] The Authority considers that the grounds for the application are made out and that it is desirable that the General Manager's Certificate be suspended. Accordingly Mr Singh’s General Manager's Certificate is suspended for eight weeks commencing on Monday 19 December 2011.

DATED at WELLINGTON this 5th day of December 2011

M Langworthy
Deputy Secretary

Harmanjit Singh.doc